The Irish Human Rights Commission was today granted leave to appear before the High Court as a ‘friend of the court’ in the proceedings entitled Lawrence and others v Ballina Town Council and others. The proceedings involve an examination of provisions of the Housing (Miscellaneous) Provisions Act, 2002 (the trespass legislation) which, in the view of the Commission, raises important human rights issues.
The Commission sought liberty to appear in the proceedings before the High Court in order to draw both constitutional and international human rights principles to the attention of the Court.
Welcoming the decision of the Court, the President of the Commission, Dr. Maurice Manning, stated: "This is the second time the Commission has sought and been granted liberty to appear before the Superior Courts as amicus curiae or ‘friend of the court’ and the Commission welcomes the High Court’s decision today to allow it to appear. The Human Rights Commission Act, 2000, provides the statutory basis for the Commission so appearing, with the leave of the Court, in a case involving human rights issues and our role is primarily to be of assistance to the Court and to draw relevant human rights principles to its attention."
"This case raises important issues regarding the human rights of Travellers" stated Dr. Alpha Connelly, Chief Executive of the Irish Human Rights Commission "and it is on this basis that the Commission has sought liberty to appear before the High Court.
The full text of the Commission’s written submissions will be made available on the Commission’s website www.ihrc.ie following the Court hearing.
A spokesperson is available for comment.
For further information, please contact:
Gavin McSpadden
General Administrator
Irish Human Rights Commission.
Jervis House,
Jervis Street,
Dublin 1.
Tel. 01 8589 601
Mobile: 087 2400695
E-mail: info@ihrc.ie
Website : http://www.ihrc.ie
Notes
Under section 8(h) of the Human Rights Commission Act, 2000, the Commission may, at the discretion of the High Court or the Supreme Court, appear as amicus curiae in proceedings that involve or are concerned with the human rights of any person.
Section 2 of the Human Rights Commission Act, 2000 defines "human rights" to include those rights conferred on or guaranteed to persons under the Constitution and under any agreement, treaty or convention to which the State is a party.
The Commission first appeared as amicus curiae before the Supreme Court in April 2005 in the case of Dublin City Council v Fennell which involved issues regarding the interpretation and effect of the European Convention on Human Rights Act. The Supreme Court’s delivered its Judgment on 12 May 2005 and ruled that the Act did not have retrospective effect. It is expected that the current case will be heard later this year.